Trade mark decision

BL Number
O/408/01
Decision date
18 September 2001
Hearing Officer
Mr D Landau
Mark
BUSTERS BANGERS CHEWY SAUSAGES FOR YOUR DOG
Classes
31
Applicant
Phoenix Pet Foods Limited
Opponent
Mars UK Limited
Opposition
Sections 5(2) & 5(4)(a)

Result

Section 5(2): - Opposition succeeded.

Section 5(4)(a): - Opposition failed.

Points Of Interest

  • One of the opponents registrations for the mark BUSTER was cancelled after opposition was launched but before the hearing. In view of the decision set down in TRANSPAY 2001 RPC 191 the Hearing Officer decided that the registration should not be taken into account in his decision.

Summary

The opponents owned a number of registrations for animal foodstuffs in Class 31 incorporating the word BUSTER. Under Section 5(2) the Hearing Officer noted that identical goods were at issue and had little difficulty in deciding that as the word BUSTER was the dominant and distinctive element in the respective marks, the respective marks were confusingly similar. Opposition succeeded on this ground. The opponents had filed some use of one of their registered marks but the nature and extent of that use was insufficient to establish a goodwill and reputation in the word BUSTER, the Hearing Officer thus found that the opponents failed in respect of their Section 5(4)(a) ground.

Full decision O/408/01 PDF document79Kb